Legal News

Treatment of matrimonial and non-matrimonial property in a long marriage (WX v HX)

Published on: 17 February 2021
Published by: LexisPSL
  • Treatment of matrimonial and non-matrimonial property in a long marriage (WX v HX)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • The Oxfordshire property
  • The amount of tax, if any, that would be payable by the husband
  • Pre-matrimonial assets
  • The husband’s case in relation to the ‘matrimonialisation’ of the wife’s separate property

Article summary

Family analysis: In WX v HX, the court considered the treatment of matrimonial and non-matrimonial property—specifically, whether the husband’s contribution to the wife’s non-matrimonial assets, which were treated as the wife’s separate assets during the marriage, should be reflected in the division of assets. The court considered aspects of the structure and management of the parties’ wealth, including the husband setting up trust structures during the marriage to minimise tax, and how the value of the assets within the trust structures should be reflected when dividing the assets between the parties, among other matters. Sophie Groves, director, and Valeria Gampl, assistant solicitor, at Vardags, examine the judgment and its implications for family law practitioners. or take a trial to read the full analysis.

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